| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 274A/06 |
| Hearing date | 11 Oct 2006 |
| Determination date | 28 November 2006 |
| Member | M Urlich |
| Representation | D Fleming ; G Taylor |
| Location | Auckland |
| Parties | Tokona v Bridgeman Concrete Akld Ltd |
| Summary | PRACTICE AND PROCEDURE – PARENTAL LEAVE – Authority previously held respondent unable to reasonably justify exercise of s14 Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Applicant had claimed period equivalent to five weeks wages and had not sought compensation for humiliation etc - Issue of remedies referred back to parties – Applicant sought leave to claim additional remedies, namely compensation pursuant to s65(c) PLEPA and 7.5% interest on lost wages – Basis for compensatory award would be respondent’s failure to fairly consult with applicant – Statement of problem put respondent on fair notice that applicant challenged decision to direct her to commence maternity leave – Challenge would necessarily involve scrutiny of substantive and procedural elements of process – Assertion that parties limited Authority’s investigation to question of whether suitable alternative position existed mistook role of Authority in process and ignored established legal principles applicable to consideration of s14 PLEPA – No prejudice to respondent – Respondent would have opportunity to respond to any further evidence provided by applicant – Applicant entitled to pursue remedies available for breach of s14 PLEPA – Application for leave granted - Applicant wished Authority to determine remedies - Information provided after investigation meeting indicated further investigation required into question of remedies - Applicant to provide specified information to Authority |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s160(3);Parental Leave and Employment Protection Act 1987 s14;Parental Leave and Employment Protection Act 1987 s65(c) |
| Cases Cited | Mikkelsen v Sky Network Television Ltd unreported, Y Oldfield, 9 January 1998, HT 1/98;Horne v Air New Zealand Ltd unreported, WC Hodge, 28 March 2001 AT 34/01;Tokona v Bridgeman Concrete Auckland Ltd unreported, M Urlich, 28 August 2006, AA 274/06 |
| Number of Pages | 3 |
| PDF File Link: | aa 274a_06.pdf [pdf 24 KB] |